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1716 Briarcrest Drive, Suite 300

Bryan, TX 78501

(979) 803-0000

Regardless of circumstances, driving while under the influence of alcohol
is a crime in the State of Texas and is the leading cause of fatal traffic
accidents. Despite these facts, many Texans have repeatedly driven while
under the influence of alcohol and thus exposed themselves and their fellow
citizens to the risks of severe injury or death. On this page, the personal
injury accident lawyer at the Doan Law Firm of Bryan and College Station
will review how Texas criminal and civil law deal with the problem of
injuries and deaths caused by intoxicated drivers and then briefly touch
on the legal options that may be available to the victims of “drunk
driver” accidents and their families.

The Law

The Texas Penal Code makes it a crime to operate a motor vehicle “…
in a public place …” if the driver does not have “…
the normal use of mental or physical faculties by reason of the introduction
of alcohol, a controlled substance, a drug, a dangerous drug, a combination
of two or more of those substances, or any other substance into the body;
OR (b) having an alcohol concentration of .08 or more.” The Penal
Code also makes it a crime under Texas law to:

Driving while intoxicated poses a significant risk to the health and safety
of Texas residents. Therefore, a law was passed making it a crime to drive
while intoxicated.

A diver, with full knowledge that driving while intoxicated is both a crime
and poses a risk to others, elects to drive despite meeting the legal
definition of intoxication and subsequently causes an accident.

The driver, merely by ignoring state laws against drunk driving, has committed
an act that is negligent per se and can be held liable for any damages
that are a consequence of the ensuing accident.

It is important to remember that negligence can occur even if there is
no violation of criminal law or breach of administrative regulations.

Liability Issues and Drunk Drivers

Texas civil law has adopted the legal doctrine known as negligence
per se, which holds that any action that is contrary to state law or a violation
of the regulations published by a state administrative agency is sufficient
to support an allegation of negligence. This concept, as it applies to
the liability of intoxicated drivers for injuries that they may cause,
runs as follows:

per se

Driving while intoxicated poses a significant risk to the health and safety
of Texas residents. Therefore, a law was passed making it a crime to drive
while intoxicated.

A diver, with full knowledge that driving while intoxicated is both a crime
and poses a risk to others, elects to drive despite meeting the legal
definition of intoxication and subsequently causes an accident.

The driver, merely by ignoring state laws against drunk driving, has committed
an act that is negligent per se and can be held liable for any damages
that are a consequence of the ensuing accident.

As you might expect, avoiding liability for an act that is negligent
per se is very difficult!

In Texas, Alcoholic Beverages Commission regulations prohibit any organization
or place of business such as a college fraternity, bar, restaurant, or
lodge hall (e.g. “Elks Club”) from selling or serving alcohol
to someone who is obviously intoxicated or who is underage. If they do
so, and the person served later causes an accident resulting in injury
or death, both the organization and the individual server(s) can be held
liable for damages. Situations where such illegal sale or service may
include, but are not limited to:

Sale or service of alcoholic beverages to a minor, or to knowingly purchasing
alcohol on behalf of a minor

Sale or service of alcoholic beverages to non-members of a private club

To support a claim of contributory negligence against a business or organization
that may have sold alcohol to an obviously intoxicated person or to a
person who was under the legal age to consume or possess an alcoholic
beverage, an accident lawyer will conduct a thorough investigation of
the facts surrounding each case. This investigation will usually include:

A re-creation of the accident itself by accident reconstruction experts

Interviews with witnesses regarding the defendant’s actions and behavior
in the hours prior to the accident

Security camera footage of any businesses or establishments the defendant
may have visited that will document the defendant’s presence and
general physical condition

Statements by any medical professionals who examined the defendant after
the accident

Statements by any medical professionals who examined the defendant after
the accident

Copies of any medical testing that may bear on the defendant’s sobriety
at the time of the accident

With this evidence at hand, a personal injury attorney will be able to
fully advise a client on the merits of a lawsuit as well as offering his
or her opinion on the likelihood of the lawsuit’s success.

Why hire a Bryan, TX personal injury lawyer

In this article, the personal injury lawyer at the Doan Law Firm of Bryan
and College Station has briefly explained the driving while intoxicated/impaired
laws of Texas and how these laws can be used to establish liability for
injuries sustained at the hands of intoxicated drivers and the places
that served or sold alcohol to such people prior to an accident.

Since it is impossible to cover every situation where alcohol intoxication
caused or contributed to an injury, we would like to invite anyone who
has been injured in an alcohol-related accident to contact the Doan Law
Firm of Bryan and College Station at (979) 803-0000 or by the “Contact
Us” forms located on this web site to arrange a free, no obligation
review of your case and an explanation of the options that may be available
to accident victims and their families.

After an accident, the responsible party's insurance company may try
to reduce the claim amount. Commonly, insurance adjusters are trained
to get information from the
injured to assist in reducing the claim. Though some insurers are less guilty
of this practice than others, it is important to realize that insurance
companies are profit-oriented corporations and reducing claims results
in increased profits for shareholders. This can create a situation for
the injured in which they are offered a settlement that does not truly
reflect the damages suffered. If you accept this settlement, you lose
the ability to get more money should your injuries require further medical
treatments. It is critical that victims get legal assistance in any personal
injury case, and
The Doan Law Firm is prepared to fight relentlessly for your rights.